Legal Question in Real Estate Law in Texas
New Home Foundation Cracked
Dear Sir,
I purchased a new home from a national builder June 30, 2000. We have had nothing but problems with it.
have placed over 50 work orders. The Company sent out a structural engineer and said we had drainage problems as well as attic bracing problems. They have been working on these problems for the last 2 months. Until today when we discovered a large crack in our foundation and several more cracks in walls. Anyway, the company VP is coming out Friday to look at the house. I wanted to know what our legal rights were and if I had any right for compensation and pain and suffering. We want a new house, but should ask for more. We have sent They have been in our home 200 last 365 days for repair work. What do you think?
3 Answers from Attorneys
Re: New Home Foundation Cracked
You should contact a real estate attorney, explain all of the problems you have had, and ask the attorney about the Residential Construction Liability Act. That Act governs situations such as yours.
Re: New Home Foundation Cracked
As mentioned the Residential Construction Liability Act applies in your case. You can read the statute at
http://www.capitol.state.tx.us/statutes/py/py002700.html#py004.27.0031
If the builder does not comply, you could then proceed to sue, possibly under the Deceptive Trade Practices Act.
If you are in the Houston area, call me if you need assistance.
Re: New Home Foundation Cracked
Yes, there are remedies for situations like yours. In Texas we have what is referred to as the Residential Construction Liability Act which provides for remedies and limits the ability of the homebuilder to defend if it does not comply with the statute. You have to give notice under the statute and should talk to an attorney in your county.
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